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General Terms and Conditions

The General Terms and Conditions regulate the rights and obligations of persons using the electronic commercial services provided by B-Consult 2000 Kft. on the Quickpick website and through the Quickpick mobile application.

The provisions of these General Terms and Conditions shall be regarded as accepted upon registration through the Quickpick website or application.

COMPANY DETAILS

B-CONSULT 2000 Kft.

Address: 2083 Solymár, Hóvirág u. 51.

Tax ID: 11901082213

1. Definitions

Service Provider: B-CONSULT 2000 Kft. (reg. Nr.: 13 09 215950, tax id.: 11901082213, address: 2083 Solymár, Hóvirág u. 51.)

Customer: Natural persons registered on the Quickpick Platform and are able to place orders on it

Parties: The Service Provider and the Customer together.

Partner: a private entrepreneur or business company offering products that can be purchased on the Quickpick Platform as part of their business activities under a separate contract with the Service Provider. In all cases, the Partner is considered a merchant, i.e. not a private individual, based on the applicable legislation, the declaration given to the Service Provider and other facts.

Contract: A contract concluded between the Service Provider and the Customer by registration on the basis of the GTC and the data provided by the Customer.

GTC: These General Terms and Conditions.

Platform: the online pre-ordering platform Quickpick (quickpickeats.com, hereinafter referred to as the "Website"), the Quickpick mobile application (hereinafter referred to as the "Application") and the server-side applications serving them, operated by the Service Provider. The platform contains a list of Products distributed by the Partners and is where Customers can place their Orders.

Quickpick Account: an account created by Customers when registering on the Platform for the purpose of identifying themselves to the Service Provider on the Platform, placing Orders and storing basic information necessary to use the Service.

Retail Unit: the smallest, independent economic unit of the Partner where the Products are consumed or received by the Customer.

Product: Food, beverages and any other electronically traded goods that can be purchased from the Partner through the Platform by means of an Order placed by the Customer through the Platform.

Cart: A list of Products selected by the Customer, with the price of the Products indicated.

Order: The contractual offer of the Customer to purchase the Product selected on the Platform, transmitted by the Service Provider to the Partner on the basis of a separate contract signed by the Service Provider and the Partner.

Quickpick Service: All the services provided by the Service Provider to the Customers, i.e. the operation of the Platform and enabling the use of the Platform (including registration, browsing, processing of Orders and complaints).

Payment method: Payment of the Order by credit card, Google Pay or Apple Pay via the Stripe payment gateway

2. The services of Quickpick

2.1 The Service Provider is the owner and operator of the Platform. On the Platform, the Service Provider collects the Products offered by the Partners and makes them available to Customers, so that Customers can purchase the Products of the Partners online and then pick up the Products at the Partner's Retail Unit or consume them on the spot. The Service Provider's objective is to make the Partners and their Products as widely available and visible as possible, taking into account the needs, rights and legitimate interests of the Customers, and at the same time to enable the Partners to increase the sales of their Products.

2.2 The Service Provider provides services independently of the Partners. When the Services are provided, the Service Provider does not act on behalf of the Partners or on behalf of Customers. The Service Provider provides online intermediary trading services, whereby it receives Orders from Customers through the Platform on behalf of the Partners and processes and transmits Orders to the Partners.

2.3 Registration and browsing the Platform is free of charge for the Consumer. The Platform may be used by any person who has validly and successfully registered and accepted to be bound by the provisions of this GTC and has read and accepted the Privacy Policy on the processing of personal data of the Customers. Use of the Platform is through the Quickpick Account.

2.4 The content, data and information made available on the Platform is subject to change due to the nature of the Quickpick Service. The Service Provider makes every effort to provide Customers with the most up-to-date content and offers at all times. As the information, the list, the description and the price of the Products on the Platform are provided by the Partner, the Service Provider is not responsible for their content, timeliness, availability and quality and cannot be held liable for any compensation.

2.5 For Products, the Partners shall make the allergen and product descriptions available to the User through the Quickpick Service. It is the responsibility of the Partners to provide the information required by the applicable legislation, in particular Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, in relation to the Retail Products.

2.6 The Service Provider declares that the products offered by the Partner on the Platform may differ from the products available in the Partner's Retail Unit stores or from the products offered through its own online ordering channels. The sales conditions applied in the Partner's sales unit or through its own online sales channels may differ from the sales conditions applied on the Platform. If the Partner operates more than one retail outlet, the terms and conditions for product offerings and sales may differ between the retail outlets. The Service Provider informs the Customer that, in addition to the above statement, the Service Provider is entitled to limit the right of its Partners to apply different Ordering conditions through their own ordering channels (website or application), in particular different prices from the Ordering conditions displayed on the Platform. The purpose of this restriction is to maintain the Service Provider's business model so that Customers can continue to benefit from the Platform and the Services. The Service Provider will continuously develop and invest in the Platform and Services in order to attract new Customers, which investment is also in the interest of the Partners. The Partner restrictions help the Service Provider to ensure that Partners do not use the Platform solely for their own marketing purposes and do not attract their own customers by taking advantage of the Platform's functionality. The restriction therefore serves the legitimate business and economic interest of the Service Provider in balancing the benefits of the Partners' presence on the Platform and the Services with the efforts and expenses incurred by the Service Provider in developing the Platform and maintaining and improving the quality of the Services. For the avoidance of doubt, the Service Provider stipulates that this restriction does not affect the Partner's right to apply different terms and conditions or to apply different terms and conditions from time to time when receiving orders on-site at its own offline units or by telephone or via a third party ordering interface.

2.7 All times indicated on the Platform, e.g. preparation time, are estimated times. Actual preparation times may be affected by other unforeseen factors independent of the Service Provider and the Partner.

2.8 The Service Provider reserves the right to modify the content of the Platform, to change its availability, and to suspend or permanently terminate the Platform at any time. The Service Provider reserves the right to restrict or block the content of the Platform and the offers, in whole or in part, to some or all of the Customers.

2.9 Customers must comply with all legal requirements, regulations and obligations when using the Platform and the Services.

2.10 Only natural persons aged 18 or over may use the Platform. By accepting this GTC, the Customer declares that he/she is over 18 years of age. The Service Provider is not obliged to verify the age of the Customer, but is entitled to request the Customer to provide credible proof of age. If the Customer is not at least 18 years of age or has not provided proof of age when requested to do so by the Service Provider, the Service Provider shall terminate the Contract and the Quickpick Account with immediate effect. The Customer may not purchase Products on the Platform for a person under 18 years of age that a minor may not purchase for himself. The Customer is solely responsible for ensuring that no person under the age of 18 has access to the Quickpick Account.

3. Registration and Account Creation

3.1 Only registered consumers may place orders on the Platform. A Consumer's Quickpick account is created upon registration. The Quickpick Account can be registered on the Website, the Mobile Website and the Mobile Application. To register, the Customer must provide personal information. Customers can only register with their own personal details on the platform, i.e. they cannot register on behalf of others.

3.2 Customers can create a Quickpick account with one email address. The system checks the email address provided by the customer to ensure that the email address is not linked to a previously created Quickpick account. The customer must then provide the following personal information: e-mail address, password, first name, last name, username. The Customer may not choose a name as Quickpick User ID that he/she is not entitled to use, or choose another person's name with the intention of impersonating him/her.

3.3 To register, Customers must agree to these General Terms and Conditions and the Privacy Policy. By clicking on the "Next" button on the appropriate screen in the registration process, the Customer declares that he/she has read and understood all the provisions of these General Terms and Conditions and the Privacy Policy, and recognizes all of their provisions to be binding on them.

3.4 Registration is completed by the Customer clicking on "Select Username" and "Continue" on the last registration screen; this will create the Customer's Quickpick account and the Platform will redirect the Customer to the main page of the Platform.

3.5 It is the sole responsibility of the Consumer to ensure that the personal data provided during registration and use of the Service is truthful, accurate and up-to-date. The Service Provider shall not be liable for any damage caused by the Consumer's forgotten password or access by unauthorized persons. The Consumer shall notify the Service Provider immediately if he suspects that unauthorized persons have accessed his account.

4. Ordering with Quickpick

4.1 Orders can only be placed electronically via the Platform. Service Provider only accepts Orders via the Platform from registered Customers and only if the Customers provide all the information necessary for the Order.

4.2 Service Provider excludes any liability resulting from the provision of incorrect, erroneous or false information on the Platform. Service Provider shall not be liable for any delay or failure in the performance of the contractual service or for any other problems or errors caused by incorrect and/or inaccurate information provided by the Customer.

4.3 When logging on to the Quickpick Platform, the Partners located within approximately 10 minutes' walking distance from the Customer's location will be displayed. When placing an Order, the Customer can choose whether to collect the Product from the Partner's Retail Unit (Collection Service or Pickup Service) or to consume the Product at the Partner's Retail Unit. The availability of dine-in service may vary from one Partner to another. The Customer can choose at the time of the Order when he/she wants to pick up the Product. If the Customer requests an Order immediately, the Customer can collect the Product at the earliest time indicated on the Platform. To collect the Product, the Customers must identify themselves and identify the Order with the data provided in the Application, in particular the Order ID.

4.4 If the Customer does not arrive at the Retail Unit at the time indicated or chosen by the Customer, but not later than 10 minutes after the Order has been set by the Partner as "completed" for collection, the Partner shall be entitled to cancel the Order for quality assurance or other reasons, which shall be considered a default by the Customer, and neither the Service Provider nor the Partner shall be obliged to refund the Customer the amount paid for the online Order.

4.5 Customers can choose any Partner from the list. The availability (opening hours) of the Partners on the Platform may vary. The opening hours of the Partners are indicative only and the Partners and the Service Provider reserve the right to change the availability of the Partners. The availability of Partners on the Platform may differ from the opening hours indicated on the non-internet sales channels of the respective Retail Units (retail activities in the Retail Unit), on the Partner's own online sales channels or on other order pages.

4.6 Customers are free to add to the shopping cart any Partner's products they have selected while browsing the Platform. The Partner's page displays the Partner's ordering conditions, including the Partner's offers, loyalty rewards, the list and prices of the different Products, the approximate preparation time of the Product, the Partner's price category, Google ratings, as well as allergen and Product details, if provided by the Partner. Prices and fees are displayed on the Platform in the currency in which the Partner wishes to receive payments, as a gross value. If you click on the "i" button, you can see the Partner's opening hours, address and location on the map.

4.7 Once the Products have been added to the Cart, the Customer can click on the "View Cart" button and the platform will automatically redirect to the checkout page where they can check the order details. They can choose the payment method and use their vouchers.

4.8 A voucher is an electronic bond that offers a discount and is not considered a cash-like instrument. Vouchers can only be used for platform discounts up to a percentage or fixed amount or a free product. The discount or fixed amount is deducted from the total order and cannot be combined with other discounts. The service provider reserves the right to cancel the subscription, disable the Quickpick account in case of suspected abuse, modify the details of the promotion or suspend it immediately without prior notice. Misuse or unauthorized use of coupons may result in a police report. Further information on the details of the promotions and other conditions of use of the vouchers is available on the platforms promoted in the promotions (e.g. website, app, social media page).

4.9 On the order page, customers can indicate whether and in what amount they wish to tip the partner via electronic payment. The Service Provider collects the payment on behalf and for the benefit of the Partner preparing the order, based on the Partner's authorization. By default, the amount of the tip is 0% of the order value. The Customer can choose between 5%, 10%, 15% or any other amount of the order value by clicking on the "Other" button. The total amount of the tip, without deductions, is reported by the Service Provider to the Partner that produces the Product ordered. If the Customer opts for electronic tipping, it will be added to the value of the order, i.e. the total amount to be paid electronically is increased. If the Customer is not satisfied with the service, the online tip will not be refunded.

4.10 The contents of the cart are automatically deleted when the Customer clicks on the "Remove" button next to each product. The cart is always emptied when the User leaves the Quickpick account.

4.11 Once the order has been placed, the service provider will automatically transmit the order details to the Partner using the Platform. The Partner sends an electronic confirmation to the Service Provider that the Order has been accepted.

4.12 An Intermediated Contract is concluded when the Service Provider receives the electronic confirmation of the Order. The content of the Intermediated Contract is included in the annexes to the GTC.

4.13 After the Order has been placed and the Intermediated Contract is concluded the Service Provider will confirm the order by email. The Service Provider sends the contact details of the Partner to the Customer. The confirmation e-mail contains the telephone number, the Order identification number, the date of placing the Order, the chosen payment method, the price of the Product and the amount of the tip. The Service Provider will also display this information in the "My Orders'' section of the App's profile menu.

4.14 The Order can be tracked on the website and in the application through textual information on its status and the preparation time. The completion time displayed on the Order tracking page may change from time to time and is for informational purposes only. You can also track the status of your order via an automatic push message sent by the Platform (if enabled on your mobile phone).

4.15 The customer can cancel the order 2 hours before the scheduled pick-up time. After this time, the order cannot be cancelled or modified. The Order cannot be renewed, so if the Customer wishes to purchase additional Products from the Partner, he/she must place a new Order.

4.16 The Partner issues a receipt for the Products as well as an invoice if requested by the Customer.

4.17 The placed Order shall constitute a binding offer to the Customers.

5. Payment

5.1 The Customer can choose from the following payment options: payment by card (Mastercard, Maestro, VISA), Apple Pay or Google Pay. As a result of a successful transaction, the amount on the card will be blocked and the Service Provider will automatically receive notification of the successful payment of the Order on the Platform and the Customer will pay the total amount of the Order through the payment service provider agreed with the Service Provider and the amount will be credited to the Service Provider's bank account upon authorization by the Partner.

5.2 The Service Provider shall be entitled to introduce or withdraw additional payment options at its sole discretion. The Service Provider is entitled to suspend any payment option at any time, in particular in the event of technical problems or temporary malfunction.

5.3 The Service Provider does not store or retain the Customer's payment card details. The Service Provider does not have access to the card data in accordance with data protection regulations, only payment service providers may process it.

5.4 Credit card payments are made via electronic systems operated by payment service providers that have a contract with the Service Provider and are completely independent of the Platform:

- Barion Payment Zrt., H-1117, Budapest, Irinyi József utca 4-20. 2. emelet, Company registration number: 01-10-048552

5.5 Online credit card and other payment methods are handled through the Barion system. No credit card or other payment information is passed to the Service Provider. The payment service provider Barion Payment Zrt. is an institution supervised by the National Bank of Hungary, license number H-EN-I-1064/2013.

5.6 The Service Provider shall be entitled to switch between the primary and backup payment service provider schemes at its sole discretion and shall be entitled to periodically suspend the payment option provided by any payment service provider anytime, especially in the case of technical issues or temporary failure.

5.7 If an online payment is unsuccessful, the Service Provider will clearly indicate this on the Platform and the Customer may re-subscribe by selecting another payment method or providing the necessary payment details. The payment transaction is considered unsuccessful even if the Customer clicks on the "Back" or "Refresh" button in the browser of the external payment platform.

5.8 The Customer may save their credit card details (card number, card name, expiry date, CVC) to avoid having to re-enter them in the future. Data is stored in the form of codes (codes that cannot be overridden) and only the codes are processed and transmitted for future Orders. Credit card details are stored by payment service providers.

5.9 Online payments are subject to the business rules of the payment service provider, the relevant card company, and the financial institutions issuing and crediting the funds.

5.10 If an online payment is canceled for any reason, the Service Provider will refund the Customer the full amount paid for the Order. The Customer acknowledges that the date on which the amount paid online will be refunded to the Customer’s account depends on the financial institution holding the Customer’s bank account, including bank opening hours. The Customer acknowledges that if the amount is frozen or debited, it will be released at the end of the period specified by the respective terms and conditions of the relevant financial institution, for which the Service Provider is not responsible.

6. Complaints

6.1. In the event of any complaint or issue, the Customers can contact the Service Provider’s customer service in any of the following channels:

In the Chat window you can start a chat with our agent about your current or previous Order. The Service Provider offers a live chat service from Monday to Friday between 9am and 6pm and on Saturdays and Sundays between 9am and 6pm. Customers can also find answers to their questions in the Frequently Asked Questions (FAQ) section of the Help Center window.

6.2 Complaints are always handled by the Service Provider free of charge.

6.3 The Service Provider handles all issues that require immediate resolution promptly and provides remedy as soon as possible and in all other cases responds to the complaint within 24 days.

6.4 The Customer shall cooperate with the Service Provider in the investigation of complaint and provide the necessary information and documents.

6.5 If the Service Provider determines that the complaint is justified, the Service Provider shall refund the Customer the fee for the relevant Order that was paid online. In addition, if the Service Provider finds the complaint to be partially or fully justified, it may provide the Customer with a voucher that can be freely used on the Platform.

6.6 If the customer is not satisfied with the Service Provider’s response, the customer may submit a complaint directly to the Partner.

7. Intellectual property rights concerning the Platform

7.1. All materials placed on the Platform, their full text, graphics and other contents, the structure and the source code of the Platform as well as any other intellectual property are under copyright and other legal protection. The copyrights and other intellectual property rights are exclusively owned by the Service Provider. The contents of the Platform and the Service Provider’s other intellectual property may be used in any form exclusively with the Service Provider’s prior written consent.

7.2. In addition to trademark law, copyright law and civil law claims, the unauthorized use of the contents of the Platform may also give rise to criminal law sanctions.

8. Rewards, deals and discounts

8.1. Access to Discounts and Rewards

8.1.1 Scope of Rewards: The Rewards page serves as a centralized portal through which users are granted access to a triad of discount or reward mechanisms, as established by the Partners. These mechanisms are categorized as follows: 1, Deals, 2, Team Ordering, and 3, Punchcards ("Rewards").

8.1.2 Availability of Rewards: The aforementioned Rewards are made available to users subject to prior arrangement and setup by our Partners. It is at the sole discretion of our Partners to determine the nature and extent of the Rewards they wish to offer.

8.1.3 Display of Rewards: For ease of access and to inform users of available Rewards, these discount or reward types, once configured by a Partner, will be prominently displayed on the menu of the specific Partner's interface. This ensures that users are well-informed of the potential savings and benefits available to them prior to making a purchase.

8.1.4 Modifications to Rewards: The Partners reserve the right to modify, replace, or discontinue any of the Rewards offered without prior notice.

8.2. Punchcard

8.2.1 Establishment of Punchcard: Upon completion of the initial purchase transaction with any designated Partner, the Customer shall be automatically enrolled in a loyalty scheme, herein referred to as the "Punchcard.” Each Partner associated with this program shall issue a unique Punchcard specific to their establishment, facilitating the accumulation of loyalty points by the customer for each qualifying purchase made at the respective Partner's venue.

8.2.2 Accumulation and Tracking of Points: Customers are eligible to earn loyalty points on every purchase conducted with a Partner. The criteria for earning points, including but not limited to the number of points awarded per transaction and the total points required for redemption of loyalty rewards, shall be determined at the sole discretion of each Partner.

8.2.3 Loyalty Rewards: The specific details regarding loyalty rewards, including the necessary points threshold for eligibility and the nature of rewards available, shall be communicated by each Partner. These details may vary between Partners and are subject to change at any time without notice.

8.2.4 Visibility of Account Status: Each customer's Punchcard will provide an up-to-date summary of their loyalty points balance, including points earned to date and the remaining points needed to attain the next level of loyalty rewards. Additionally, information regarding potential rewards available for points redemption will be displayed on the Punchcard.

8.2.5 Modifications to the Program: The right to modify, suspend, or terminate the Punchcard in whole or in part, including any individual Partner's participation therein, at any time and without prior notice, is expressly reserved. Changes to the program may affect the value of the points already accumulated as well as the availability of redeemable rewards.

8.3. Deals

8.3.1 Promotional Deals Authorization: Partners are afforded the privilege of configuring promotional offers ("Deals") exclusive to the app's user base. These Deals are designed to incentivize user engagement and patronage through two primary forms: a) discounted pricing, which may be expressed as a percentage reduction or a nominal decrease, applicable to select or all menu items, and b) the provision of complimentary items.

8.3.2 Deal Configuration: The initiation and specification of Deals are subject to the discretion of the Partners. In formulating these Deals, Partners may delineate specific prerequisites that must be fulfilled by users to qualify for the promotion. These prerequisites encompass but are not limited to purchase minimums, user status, and temporal constraints.

8.3.3 Conditions for Deal Redemption: To avail themselves of these promotional Deals, users are obligated to satisfy the conditions pre-established by the Partners at the point of deal creation. These conditions are integral to the operationalization of Deals, ensuring both the equitable distribution of benefits to eligible users and adherence to the promotional intent defined by the Partners.

8.3.4 Transparency and Communication of Deal Terms: Partners are responsible for clearly articulating the terms and conditions associated with each Deal, including the mechanisms of benefit realization (e.g., percentage reductions, nominal discounts, or the provision of free items), as well as the criteria users must meet to activate these benefits.

8.3.5 Modification and Termination of Deals: Partners retain the right to amend, suspend, or terminate any Deals at their sole discretion, without prior notification to users or the app. Such modifications may affect the availability, terms, and conditions of the Deals. Users are encouraged to review the specific details of Deals regularly to remain informed of current opportunities and requirements.

8.4. Team Ordering

8.4.1 Introduction to Team Ordering

8.4.1.1 Purpose and Scope: Team Ordering is a strategic feature introduced to promote collective ordering efforts among users, enabling them to avail discounts on the aggregate cost of their orders when purchasing as a group. This initiative is aligned with Quickpick’s promotional strategies, aimed at fostering a community-driven approach to ordering while facilitating bulk purchase discounts from participating restaurants.

8.4.1.2 Operational Framework: The functionality of Team Ordering is predicated on the formation of user groups or "teams," with the principal objective of unlocking discount rewards through aggregated orders. This system is designed to incentivize both users and restaurants by enhancing order volumes and providing cost benefits to consumers.

8.4.2 Formation of Teams

8.4.2.1 Methods of Team Creation: Users can initiate a team in two distinct manners: directly from a restaurant's menu by selecting the "teams" option, resulting in immediate team creation, or via the "teams" section located on the rewards page, necessitating the selection of a restaurant prior to team establishment.

8.4.2.2 Leadership and Roles: The initiating user assumes the role of the "team leader," bearing the responsibility of finalizing and submitting the collective order. This designation is crucial for the coordination and management of the team's ordering process.

8.4.3 Team Invitations and Membership

8.4.3.1 Invitation Mechanism: Team leaders are endowed with the capability to invite participants through various methods, including selection from a friend list, username search, or dissemination of an invite link or QR code. The efficacy of this system is contingent upon the recipient's acceptance of the invitation, facilitated through notifications or the rewards page’s "teams" section.

8.4.3.2 Participation Indicators: Members’ statuses within a team are delineated through specific indicators, including a red circle for invitations pending acceptance, a yellow circle denoting selection of items without payment, and a green tick representing completed payment. This system ensures transparency and operational clarity within the team structure.

8.4.4 Ordering and Checkout Process

8.4.4.1 Team Engagement and Interaction: Upon joining a team, members enter a specialized "team mode," altering the visual and functional aspects of the menu and cart to reflect a collaborative ordering environment. This includes unique interfaces for team overview, member management, and order progression.

8.4.4.2 Finalization and Payment Protocols: The checkout process is designed with specific functionalities for team leaders and members, incorporating safeguards to ensure all participants have finalized their selections prior to order submission. This includes conditional prompts and preliminary charge placements, adjusted based on eventual discount application and final order composition.

8.4.5 Discount Structure and Implementation

8.4.5.1 Discount Configuration: Participating restaurants have the autonomy to establish the nature and scale of discounts offered through Team Ordering, encompassing free items, percentage reductions, or fixed amount discounts. The applicability of these discounts is contingent upon the cumulative participation of team members, designed to incentivize larger group orders.

8.4.5.2 Operational Impact of Discounts: The structured discount system not only incentivizes user participation by offering tangible savings but also enhances the overall ordering experience through collaborative engagement. This approach aligns with Quickpick’s strategic objectives of promoting community interaction and restaurant patronage.

8.4.6 Conclusion and Final Order Submission

8.4.6.1 Completion and Charge Finalization: Upon the successful assembly of an order and the fulfillment of all participatory conditions, the team leader is responsible for submitting the final order. Subsequent to restaurant acceptance, the pre-held charges are converted into final transactions, reflecting the applied discounts.

8.4.6.2 Strategic Benefits and Operational Integrity: Team Ordering embodies Quickpick’s commitment to innovative service offerings, facilitating a unique and rewarding ordering experience for both users and participating restaurants. Through this feature, Quickpick aims to cultivate a dynamic community of users engaged in collaborative consumption, simultaneously driving value for our restaurant partners.

ANNEX I. - The Intermediated Contract

1. General Terms

1.1. The Intermediated Contract is concluded when the confirmation is received by the Service Provider after the Customer has placed the Order.

1.2. The Intermediated Contract qualifies as an electronically concluded contract that is governed by the provisions on electronic commercial services of the Civil Code and the Act on Electronic Commercial Services. The Intermediated Contract shall be deemed a written contract and its data stored in writing are identical with the data of the Order. The data of the Intermediated Contract and the Order can also be viewed retroactively under the menu point “My Orders”.

1.3. Once the Order details have been received and the Intermediated Contract has been concluded, the Partner prepares and packs the ordered Products. When arriving, the Customer shall identify themselves and the Order to the Partner by providing the order identifier on their phone.

2. Responsibilities of the Partner

2.1. The Partner shall be fully liable for the current contents and offers displayed on the Platform as well as for their availability and quality. Customers may place quality complaints about the delivered Products to the Partner who sells the Products, and any related claim may only be enforced against the Partner.

2.2. The Partner shall provide the legally prescribed information about the Products with appropriate contents. The Service Provider only mediates Orders, therefore, it does not cooperate in, has no control over or insight into the preparation and production of the Products, therefore, the Service Provider is not bound by the obligation to provide information hereunder. The Service Provider's liability shall be limited to accurately displaying the data sent by the Partner in an appropriate form. The Partner shall provide the Service Provider with the data required by the applicable legal regulations before appearing on the website, and shall notify the Service Provider immediately in the event of any change. The Partner shall be solely liable for the lawfulness, completeness and truthfulness of the data so disclosed.

2.3. The Partner shall be fully liable towards the Customers for providing information concerning the below items in conformity with the relevant regulations: allergens, ingredients causing intolerance, food colours, sweetener, added sugar.

2.4. It is the Partner’s responsibility to process the Customers’ complaints with the provision that the Service Provider shall also be involved.

3. Failed Order

3.1. Neither the Service Provider nor the Partner may be obliged to complete the Order and to pay compensation if the Customer fails to pick up the Product at the indicated date. In the event where the Order was not completed for a reason within the Customer’s control, the Customer shall not be exempt from their payment obligation but shall continue to be obliged to pay the value of the Order and may not claim back any amount already paid.

3.2. The Partner is responsible for the failure to complete the Order or for its inappropriate completion and shall assume liability towards the customer.

ANNEX II. - Fiskaly Privacy Policy

We care about your data

We, at fiskaly GmbH and its affiliates, put great efforts in making sure that we secure your personally identifiable information and use it properly.

Preamble

The protection of your personal data is very important to us. We therefore process your data exclusively on the basis of the statutory provisions (GDPR, TKG 2021). In this data protection declaration we inform you about the most important aspects of data processing on our website. This privacy policy applies to the main domain fiskaly.com as well as to all associated subdomains.

1. Entity responsible for data processing

The entity responsible for the processing of personal data within the meaning of the General Data Protection Regulation (GDPR) is:

fiskaly GmbH
Mariahilfer Straße 36/5 (4th floor)
1070 Vienna, Austria
e-mail: privacy@fiskaly.com

2. Data Protection Officer

The person responsible has appointed a data protection officer within the meaning of Art. 37 DSGVO. The contact details of the data protection officer are as follows:

CoreTEC IT Security Solutions GmbH
Ernst-Melchior-Gasse 24/DG
1020 Vienna, Austria
e-mail: dsgvo@coretec.at

3. Purposes and legal basis of the processed data

We process your personal data in compliance with the provisions of the EU General Data Protection Regulation (GDPR), the Data Protection Act (DSG) and all other relevant laws (TKG 2021). Depending on whether, for example, you access our website, contact us via the contact form, subscribe to our newsletter or have a contractual relationship with us, we process your data for different purposes based on the legal bases mentioned in the following paragraph. Depending on the purpose of the processing of your data, your consent (Art 6 Para 1 lit a GDPR), our legitimate interests (Art 6 Para 1 lit f GDPR), the fulfillment of our (pre)contractual activities (Art 6 Para 1 lit b GDPR) or the fulfillment of legal obligations (Art 6 Para 1 lit c GDPR) may be applicable as the legal basis.

3.1. Data processing when visiting our website

3.1.1. Browser data

When you visit our website, certain data is automatically transmitted to us by your browser and stored in so-called server log files. This includes the following data: Type and version of the browser used, operating system used, date and time the website was accessed and IP address. The legal basis for the processing of this data is our legitimate interest (Art 6 Para 1 lit f GDPR) in the functionality and improvement of our website.

3.1.2. Contact

You can contact us by telephone, e-mail or via our contact form. In the event of such contact, we only process the data you provide to process and process the contact request and, if necessary, to fulfill (pre)contractual rights and obligations. If the establishment of contact is related to the fulfillment of (pre-)contractual obligations, the processing is necessary for the fulfillment of a contract or pre-contractual obligations (Article 6 (1) (b) GDPR), which represents the legal basis for the processing. If the request is made independently of the initiation or processing of a contract, the data will be processed on the basis of your consent (Art 6 Para 1 lit a GDPR), which you give by sending or making the contact request. You have the right to revoke your consent at any time (see point 4.6).

3.1.3. Application portal

You are welcome to send us your application documents via the contact form in the "Jobs" section. We process the data you provide in order to assess whether we can offer you a suitable vacancy, to handle the application process and to manage applicants. We use the Greenhouse application portal for this purpose. If your application results in employment with our company, your data will also be processed to fulfill our (employment / service) contractual obligations. The processing is therefore necessary for the fulfillment of pre-contractual and contractual obligations (Art 6 para 1 lit b GDPR). If you are not hired, we will retain your personal data for six months unless you consent to us retaining it for longer.

3.1.4. Newsletter

If you decide to subscribe to our newsletter, you will receive ongoing information about our products. If so, you must register with your name and email address to receive the newsletter. The data you provide is required for the transmission and administration of our newsletter. The processing takes place on the basis of your consent (Art 6 Para 1 lit a DSGVO), which you give to us by sending the request to receive the newsletter. You have the right to revoke your consent at any time (see point 4.6).

You can also unsubscribe from the newsletter at any time, free of charge and easily, directly via a button in the sent (newsletter) message. If so, you will not receive any further mailings from our newsletter.

3.1.5. Customer account

If you decide to create a customer account with us via our website, the data you enter during registration and during use will be collected and processed for the purpose of customer service and to fulfill (pre)contractual obligations. The processing of this data is therefore necessary to fulfill a contract or pre-contractual measures (Art 6 Para 1 lit b GDPR).

3.2. Integration and use of services and content of third parties as well as cookies

In order to optimize our offer and our website and make it more user-friendly, our website uses so-called cookies. These are small text files that are stored on your end device with the help of the browser. They do no harm.

We use cookies for technical reasons in order to be able to offer our range of information and our service in a functional manner. Some cookies remain stored on your end device until you delete them. They enable us to recognize your browser on your next visit.

In the case of cookies that are not required for functional reasons, we ask for your consent in the cookie window (Art 6 Para 1 lit a GDPR). Your personal data will only be processed if this is actively given.

In the case of cookies that are marked as functionally required in the cookie window, our legitimate interest (Art 6 Para 1 lit f GDPR) in making the website user-friendly serves as the legal basis.

Please note that the functionality of our website may be restricted if cookies are deactivated. Below you will find more detailed information on the cookies used.

3.2.1. Google Analytics

Google Analytics is used on this website to provide detailed insights into visitor behavior and website performance. It allows analysis of data such as page views, visitor sources, conversion rates and demographic information to improve the effectiveness of marketing strategies and user experience.

The purpose of using Google Analytics is to collect and analyze detailed information about visitor behavior on a website. Personal data such as your IP address, but also browser information (language settings, screen resolution, etc.) are transmitted to Google. The storage period is up to one year.

Please note that as part of this service, your personal data will be transmitted to the USA and such data transmission cannot be ruled out with certainty. The European Commission currently has an adequacy decision on the USA. According to the case law of the European Court of Justice, an adequate level of data protection cannot currently be guaranteed when data is transferred to the USA. In particular, there is a risk that US-based authorities will access your data, and you have no legal remedy or legal remedy against this access. It also cannot be ruled out that your rights as a data subject cannot be exercised or not to the same extent as within the European Union.

The legal basis for the processing of your personal data is your express consent within the meaning of Art 6 Para 1 lit a in conjunction with Art 49 Para 1 lit a GDPR. You have the right to withdraw your consent at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation. You can find more information on withdrawing your consent under point 4.6 of this data protection declaration.

You can access Google's data protection declaration under the following link:Google's Privacy Policy

3.2.2. Google reCaptcha

Google reCAPTCHA is used on a website to distinguish automated bots from human users and to protect against spam, abuse and unwanted access. It poses a security measure by asking users to complete certain puzzles or tasks to prove they are not bots.

Personal data such as your IP address, but also browser information (language settings, screen resolution, etc.) are transmitted to Google. The exact storage period of this data is determined by Google and may vary. According to information from Google, reCAPTCHA data is usually deleted within 30 days. However, it is important to note that Google may store certain data longer to ensure the security and integrity of the reCAPTCHA service.

Please note that as part of this service, your personal data will be transmitted to the USA and such data transmission cannot be ruled out with certainty. The European Commission currently has an adequacy decision on the USA. According to the case law of the European Court of Justice, an adequate level of data protection cannot currently be guaranteed when data is transferred to the USA. In particular, there is a risk that US-based authorities will access your data and you have no legal remedy or legal remedy against this access. It also cannot be ruled out that your rights as a data subject cannot be exercised or not to the same extent as within the European Union.

The use of Google reCAPTCHA as an absolutely necessary cookie is in accordance with Article 6 Paragraph 1 lit. f GDPR, as our legitimate interest is to protect our website and users from unwanted access, spam and abuse. For more information on how we use and protect your data, please see our full privacy policy.

You can access Google's data protection declaration under the following link:Google's Privacy Policy

3.2.3. Google Tag Manager

Google Tag Manager is used on a website to simplify the management and implementation of tracking codes, tags and scripts.

Google Tag Manager itself does not process any personal data. It is a tag management system designed to simplify the management and deployment of tracking tags and scripts on a website.

Please note that as part of this service, your personal data will be transmitted to the USA and such data transmission cannot be ruled out with certainty. The European Commission currently has an adequacy decision on the USA. According to the case law of the European Court of Justice, an adequate level of data protection cannot currently be guaranteed when data is transferred to the USA. In particular, there is a risk that US-based authorities will access your data and you have no legal remedy or legal remedy against this access. It also cannot be ruled out that your rights as a data subject cannot be exercised or not to the same extent as within the European Union.

The legal basis for the processing of your personal data is your express consent within the meaning of Art 6 Para 1 lit a in conjunction with Art 49 Para 1 lit a GDPR. You have the right to withdraw your consent at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation. You can find more information on withdrawing your consent under point 4.6 of this data protection declaration.

You can access Google's data protection declaration under the following link:Google's Privacy Policy

3.2.4. Google Ads

Google Ads is used on this website to place advertisements and to optimize online marketing. By placing ads in Google search results and on Google Display Network websites, businesses can reach their target audience, drive traffic to their website, and engage potential customers.

Google Ads allows fiskaly to create targeted advertising campaigns, target our audience, increase traffic to their website and attract potential customers. Google Ads processes various personal data in connection with advertisements. This includes information such as IP addresses, device identifiers, cookie data, location data, demographic information and interaction data such as clicks and conversions. The exact storage period of the personal data processed by Google Ads is determined by Google itself and may vary. According to information from Google, personal data is usually stored for a period of 18 months. After this time, the data will either be made anonymous or deleted.

Please note that as part of this service, your personal data will be transmitted to the USA and such data transmission cannot be ruled out with certainty. The European Commission currently has an adequacy decision on the USA. According to the case law of the European Court of Justice, an adequate level of data protection cannot currently be guaranteed when data is transferred to the USA. In particular, there is a risk that US-based authorities will access your data and you have no legal remedy or legal remedy against this access. It also cannot be ruled out that your rights as a data subject cannot be exercised or not to the same extent as within the European Union.

The legal basis for the processing of your personal data is your express consent within the meaning of Art 6 Para 1 lit a in conjunction with Art 49 Para 1 lit a GDPR. You have the right to withdraw your consent at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation. You can find more information on withdrawing your consent under point 4.6 of this data protection declaration.

You can access Google's data protection declaration under the following link:Google's Privacy Policy

3.2.5. Google Ads Conversion

Google Ads Conversion is used on a website to track the behavior of website visitors after clicking on an ad and to measure whether they perform predefined actions, such as making a purchase, registering or filling out a form. This allows advertisers to measure the success of their ad campaigns and optimize conversions. It lets fiskaly determine how well ads are performing and whether they lead to desired actions from users, such as purchases, registrations, or downloading files.

Google Ads Conversion Tracking processes certain personal data related to the conversions carried out on a website. This typically includes information such as IP addresses, device identifiers, cookie data, and demographic data where available. The exact storage period of the personal data processed by Google Ads Conversion Tracking is determined by Google and may vary. According to information from Google, this data is usually stored for a period of 30 days. After this time, they will either be made anonymous or deleted.

Please note that as part of this service, your personal data will be transmitted to the USA and such data transmission cannot be ruled out with certainty. The European Commission currently has an adequacy decision on the USA. According to the case law of the European Court of Justice, an adequate level of data protection cannot currently be guaranteed when data is transferred to the USA. In particular, there is a risk that US-based authorities will access your data and you have no legal remedy or legal remedy against this access. It also cannot be ruled out that your rights as a data subject cannot be exercised or not to the same extent as within the European Union.

The legal basis for the processing of your personal data is your express consent within the meaning of Art 6 Para 1 lit a in conjunction with Art 49 Para 1 lit a GDPR. You have the right to withdraw your consent at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation. You can find more information on withdrawing your consent under point 4.6 of this data protection declaration.

You can access Google's data protection declaration under the following link:Google's Privacy Policy

3.2.6. Google Ads Conversion Tracking

Google Ads Conversion Tracking is used on a website to measure the success of advertising campaigns by tracking visitor behavior and recording conversions. It allows fiskaly to see how well our ads are performing, what actions visitors take on the website, and whether those actions lead to predefined goals, such as purchases, sign-ups, or download files.

Google Ads Conversion Tracking processes certain personal data related to the conversions carried out on a website. This usually includes information such as IP addresses, device identifiers, cookie data, and demographic data, if available. The exact storage period of the personal data processed by Google Ads Conversion Tracking is determined by Google and may vary. According to information from Google, this data is usually stored for a period of 30 days. After this time, they will either be made anonymous or deleted.

Please note that as part of this service, your personal data will be transmitted to the USA and such data transmission cannot be ruled out with certainty.

The legal basis for the processing of your personal data is your express consent within the meaning of Art 6 Para 1 lit a in conjunction with Art 49 Para 1 lit a GDPR. You have the right to withdraw your consent at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation. You can find more information on withdrawing your consent under point 4.6 of this data protection declaration.

You can access Google's data protection declaration under the following link:Google's Privacy Policy

3.2.7. Google Ads Remarketing

Google Ads Remarketing is used on a website to target users who have already visited the website by showing them targeted ads when they visit other websites on the Google Display Network. This enables potential customers to be re-addressed and helps increase recognition and conversions.

Google Ads Remarketing usually processes personal data related to the use of the service. This includes information such as IP addresses, cookie data, device identifiers, and interaction data collected from the website. For information on the storage period and more detailed information, consult Google's data protection declaration.

Please note that as part of this service, your personal data will be transmitted to the USA and such data transmission cannot be ruled out with certainty.

The legal basis for the processing of your personal data is your express consent within the meaning of Art 6 Para 1 lit a in conjunction with Art 49 Para 1 lit a GDPR. You have the right to withdraw your consent at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation. You can find more information on withdrawing your consent under point 4.6 of this data protection declaration.

You can access Google's data protection declaration under the following link:Google's Privacy Policy

3.2.8. YouTube

YouTube is embedded on a website to allow users to play videos directly on the website without having to leave the site. It offers seamless integration of video content and extends the functionality of the website with visual and interactive multimedia content. With the embedding of YouTube, Fiskaly offers the direct playback of videos on the website.

When YouTube is embedded on a website, personal data such as IP addresses and cookie data of users can be processed. It is possible that YouTube also collects further information about the use and interaction of users with the embedded videos. The exact processing and storage of personal data by embedding YouTube on a website is managed by YouTube itself. For detailed information about data processing and storage, it is advisable to consult YouTube's data protection declaration. It also states how long YouTube stores the data and what control options are available to users.

Please note that as part of this service, your personal data will be transmitted to the USA and such data transmission cannot be ruled out with certainty.

The legal basis for the processing of your personal data is your express consent within the meaning of Art 6 Para 1 lit a in conjunction with Art 49 Para 1 lit a GDPR. You have the right to withdraw your consent at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation. You can find more information on withdrawing your consent under point 4.6 of this data protection declaration.

You can access YouTube's data protection declaration under the following link:YouTube's Privacy Policy

3.2.9. Microsoft Advertising

Microsoft Advertising is used on a website to serve targeted ads and increase the visibility of a company, product or service in the search results of Microsoft search engines such as Bing. It enables fiskaly to target their target audience, increase website traffic, and attract potential customers.

By integrating Microsoft Advertising on a website, various personal data can be processed, such as IP addresses, cookie data, device identifiers, and demographic information, where available. The exact processing and storage of personal data by Microsoft Advertising is regulated by Microsoft itself and may vary.

Please note that as part of this service, your personal data will be transmitted to the USA and such data transmission cannot be ruled out with certainty.

The legal basis for the processing of your personal data is your express consent within the meaning of Art 6 Para 1 lit a in conjunction with Art 49 Para 1 lit a GDPR. You have the right to withdraw your consent at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation. You can find more information on withdrawing your consent under point 4.6 of this data protection declaration.

You can access Microsoft's data protection declaration under the following link:Microsoft's Privacy Policy

3.2.10. LinkedIn Insight Tag

LinkedIn Insight Tag is used on a website to track visitor behavior and gain insights into user engagement and interaction with the LinkedIn Ads and Company Page. It enables fiskaly to create targeted advertising campaigns, better understand target groups, and optimize the effectiveness of LinkedIn marketing activities.

By embedding the LinkedIn Insight Tag on a website, personal data such as IP addresses, device identifiers, cookie data, and demographic information can be processed. This data allows LinkedIn to track website visitor behavior and provide statistical information about engagement and interaction with LinkedIn ads. The exact storage period of the personal data processed by the LinkedIn Insight Tag is determined by LinkedIn and may vary. According to information from LinkedIn, the data is usually stored for a period of 180 days. However, it is important to note that LinkedIn may retain additional data for longer periods of time where required for legal or business purposes.

Please note that as part of this service, your personal data will be transmitted to the USA and such data transmission cannot be ruled out with certainty.

The legal basis for the processing of your personal data is your express consent within the meaning of Art 6 Para 1 lit a in conjunction with Art 49 Para 1 lit a GDPR. You have the right to withdraw your consent at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation. You can find more information on withdrawing your consent under point 4.6 of this data protection declaration.

You can access LinkedIn's data protection declaration under the following link:LinkedIn's Privacy Policy

3.2.11. Microsoft Advertising Remarketing

Microsoft Advertising Remarketing is used on a website to target users who have already visited the website by showing them targeted ads when they visit other websites in the Microsoft Advertising network. This allows fiskaly to re-address the target group, increase brand awareness, and increase recognition value to promote conversions.

By incorporating Microsoft Advertising Remarketing on a website, personal data such as IP addresses, cookie data, device identifiers, and demographic information can be processed. This data allows Microsoft to identify users who have visited the website and serve them targeted ads when they visit other websites in the Microsoft Advertising Network. The exact storage period of the processed personal data by Microsoft Advertising Remarketing is determined by Microsoft and may vary. According to Microsoft's information, the data is usually stored for a period of 180 days. However, it is possible that Microsoft also stores the data for a longer period of time if this is necessary for legal or business purposes.

Please note that as part of this service, your personal data will be transmitted to the USA and such data transmission cannot be ruled out with certainty.

The legal basis for the processing of your personal data is your express consent within the meaning of Art 6 Para 1 lit a in conjunction with Art 49 Para 1 lit a GDPR. You have the right to withdraw your consent at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation. You can find more information on withdrawing your consent under point 4.6 of this data protection declaration.

You can access Microsoft's data protection declaration under the following link:Microsoft's Privacy Policy

3.2.12. Microsoft Conversion Tracking

Microsoft conversion tracking is used on a website to track the behavior and actions of users who come to the website through Microsoft Advertising campaigns. This allows fiskaly to measure the effectiveness of ads, track conversions and analyze the ROI of their ad spend.

By integrating Microsoft Conversion Tracking on a website, personal data such as IP addresses, cookie data, device identifiers and interaction data can be processed. This data allows Microsoft to track user behavior in terms of conversions and actions on the website. The exact storage period of the processed personal data by Microsoft Conversion Tracking is determined by Microsoft and may vary. According to Microsoft's information, the data is usually stored for a period of 180 days. However, Microsoft may store the data for a longer period of time if this is necessary for legal or business purposes.

Please note that as part of this service, your personal data will be transmitted to the USA and such data transmission cannot be ruled out with certainty. The European Commission currently has an adequacy decision on the USA. According to the case law of the European Court of Justice, an adequate level of data protection cannot currently be guaranteed when data is transferred to the USA. In particular, there is a risk that US-based authorities will access your data and you have no legal remedy or legal remedy against this access. It also cannot be ruled out that your rights as a data subject cannot be exercised or not to the same extent as within the European Union.

The legal basis for the processing of your personal data is your express consent within the meaning of Art 6 Para 1 lit a in conjunction with Art 49 Para 1 lit a GDPR. You have the right to withdraw your consent at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation. You can find more information on withdrawing your consent under point 4.6 of this data protection declaration.

You can access Microsoft's data protection declaration under the following link:Microsoft's Privacy Policy

3.2.13. Facebook Pixel

Facebook Pixel is used on a website to track user behavior and collect information about their interactions. This enables fiskaly to place targeted ads, measure conversions and optimize target groups for Facebook advertising campaigns.

By integrating Facebook Pixel on a website, personal data such as IP addresses, cookie data, device identifiers, location data and interaction data can be processed. This data enables Facebook to analyze user behavior, optimize ads and run targeted advertising campaigns. The exact storage period of the processed personal data by Facebook Pixel is determined by Facebook and may vary. According to information from Facebook, the data is usually stored for a period of 180 days. However, it is possible for Facebook to store the data for a longer period of time if this is necessary for legal or business purposes.

Please note that as part of this service, your personal data will be transmitted to the USA and such data transmission cannot be ruled out with certainty. The European Commission currently has an adequacy decision on the USA. According to the case law of the European Court of Justice, an adequate level of data protection cannot currently be guaranteed when data is transferred to the USA. In particular, there is a risk that US-based authorities will access your data and you have no legal remedy or legal remedy against this access. It also cannot be ruled out that your rights as a data subject cannot be exercised or not to the same extent as within the European Union.

The legal basis for the processing of your personal data is your express consent within the meaning of Art 6 Para 1 lit a in conjunction with Art 49 Para 1 lit a GDPR. You have the right to withdraw your consent at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation. You can find more information on withdrawing your consent under point 4.6 of this data protection declaration.

You can access Facebook's data protection declaration under the following link:Facebook's Privacy Policy

3.2.14. Facebook Custom Audiences

Facebook Custom Audiences is used on a website to create personalized advertising campaigns for a specific target group. Embedding the Facebook pixel allows website visitors to be tracked and identified as a custom audience in order to show them relevant ads on Facebook and drive conversions.

By integrating Facebook Custom Audiences on a website, personal data such as IP addresses, cookie data, device identifiers, location data and interaction data can be processed. This data allows Facebook to create a custom audience and serve personalized ads to users. The exact storage period of the processed personal data by Facebook Custom Audiences is determined by Facebook and may vary. According to information from Facebook, the data is usually stored for a period of 180 days. However, it is possible for Facebook to store the data for a longer period of time if this is necessary for legal or business purposes.

Please note that as part of this service, your personal data will be transmitted to the USA and such data transmission cannot be ruled out with certainty. The European Commission currently has an adequacy decision on the USA. According to the case law of the European Court of Justice, an adequate level of data protection cannot currently be guaranteed when data is transferred to the USA. In particular, there is a risk that US-based authorities will access your data and you have no legal remedy or legal remedy against this access. It also cannot be ruled out that your rights as a data subject cannot be exercised or not to the same extent as within the European Union.

The legal basis for the processing of your personal data is your express consent within the meaning of Art 6 Para 1 lit a in conjunction with Art 49 Para 1 lit a GDPR. You have the right to withdraw your consent at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation. You can find more information on withdrawing your consent under point 4.6 of this data protection declaration.

You can access Facebook's data protection declaration under the following link:Facebook's Privacy Policy

3.2.15. WebinarGeek

WebinarGeek is used on a website to enable interactive webinars to be conducted. It provides features such as attendee registration, presenting content, chatting with viewers, and recording the webinars to help us educate customers.

When registering for one of our webinars, your first and last name as well as your e-mail address will be requested and processed for the purpose of confirming your registration. For more detailed information, please consult Webinar Geek's privacy policy.

The legal basis for the processing of your personal data is your express consent within the meaning of Art 6 Para 1 lit a in conjunction with Art 49 Para 1 lit a GDPR. You have the right to withdraw your consent at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation. You can find more information on withdrawing your consent under point 4.6 of this data protection declaration.

You can access Webinar Geek's privacy policy under the following link:WebinarGeek's Privacy Policy

3.2.16. Pipedrive Web-Visitors (by Leadfeeder)

This website uses Pipedrive's Leadfeeder add-on to track website visitors and their browsing activities. A visitor cookie collects data such as IP addresses (specifically company and geographic location), pages viewed, and time spent on each page. The web visit data is aggregated at the organizational level rather than the individual level. For more information about Leadfeeder and its GDPR compliance, please visit their privacy policy.

The legal basis for processing your personal data is your express consent, as defined in Art. 6 Para. 1 lit. a in conjunction with Art. 49 Para. 1 lit. a GDPR. You have the right to withdraw your consent at any time. Revoking consent does not affect the legality of the processing carried out based on consent prior to its withdrawal. For more information on how to withdraw your consent, refer to point 4.6 of this data protection declaration.

You can access Pipedrive's privacy declaration here: Leadfeeder Privacy Policy.

3.2.17. Microsoft Clarity

Microsoft Clarity is used on this website to analyze user behavior and gain valuable insights into how visitors interact with the website. It offers features like heat maps, user action recording, and website analytics to improve user experience and optimize website performance.

By embedding Microsoft Clarity on a website, various personal data can be processed, such as IP addresses, device identifiers, cookie data, and interaction data collected on the website. The exact storage period of the processed personal data by Microsoft Clarity is determined by Microsoft and may vary. However, it is known that the data is usually stored for a period of 30 days. After this time, the data will be anonymized or deleted.

For detailed information about data processing and storage by Microsoft Clarity, it is advisable to consult Microsoft Clarity's data protection declaration. It is stated there which data is collected and how long it is stored.

You can access Microsoft's data protection declaration under the following link: Microsoft Privacy Statement.

3.2.18. Zapier

Zapier is used on our website to enable workflow automation by connecting different applications and transferring data between them. This allows routine tasks to be automated to increase efficiency and reduce manual work.

Zapier, as a data integration service, processes potentially personal data transmitted by the various integrated applications. This can include data such as names, email addresses, contact details, and other business-related information.

The storage period of the personal data processed by Zapier depends on the privacy policies of the applications involved, as Zapier acts as an intermediary. It is advisable to check the privacy statements of the applications used for precise information on data processing and storage. Zapier itself states that they typically store data for 7 days but not permanently.

You can access Zapier's privacy policy at the following link: Zapier Privacy Policy.

3.2.19. Outfunnel

We use Outfunnel marketing software to send our emails and manage our marketing campaigns. Outfunnel uses cookies as part of the tracking so that we receive information about the effectiveness of various marketing activities. This may include data such as user ID, IP address, device identifiers, cookie data, and other interaction data. Outfunnel also tracks activity on the site and monitors email opens, clicks on hyperlinks contained therein, and other email activity.

You can access Outfunnel's privacy policy at the following link: Outfunnel Privacy Policy.

3.2.20. Brevo (Sendinblue)

Brevo, formerly known as Sendinblue, is an all-in-one marketing and communications tool used on websites to simplify digital marketing. It offers features such as email marketing, SMS campaigns, chat, marketing automation, and CRM tools to help businesses increase their customer engagement and retention.

When integrating Brevo (formerly Sendinblue) on our website, different types of personal data may be processed, depending on the specific functions and settings used. This data includes:

The legal basis for processing your personal data is your express consent as defined in Art. 6 Para. 1 lit. a in conjunction with Art. 49 Para. 1 lit. a GDPR. You have the right to withdraw your consent at any time. Revoking consent does not affect the legality of the processing carried out based on consent prior to its withdrawal. For more information on how to withdraw your consent, refer to point 4.6 of this data protection declaration.

You can access Brevo’s privacy policy at the following link: Brevo Privacy Policy.

Please note that as part of this service, your personal data will be transferred to the USA, and such data transfer cannot be ruled out with certainty. The European Commission currently has an adequacy decision regarding the USA. According to the case law of the European Court of Justice, an adequate level of data protection cannot currently be guaranteed when data is transferred to the USA. In particular, there is a risk that US-based authorities will access your data, and you will have no legal remedy or remedy against this access. It cannot be ruled out that your data subject rights cannot be exercised or cannot be exercised to the same extent as within the European Union.

3.2.21. Zonka

Zonka Feedback is a comprehensive customer feedback collection and analysis tool used by fiskaly to collect real-time feedback from visitors and customers. It enables fiskaly to create and embed personalized surveys and feedback forms to gain insights into customer satisfaction, improve user experience, and take targeted measures to increase customer loyalty.

When integrating Zonka Feedback on our website, the personal data collected may vary depending on the design of the surveys and feedback forms. Typically, the following types of personal data may be processed:

The storage period for this data is two years. As a general rule, personal data is retained for as long as necessary for the purposes for which it was collected or until the user requests deletion of their data.

You can access Zonka Feedback’s privacy policy at the following link: Zonka Privacy Policy.

3.2.22. Pipedrive

Pipedrive is a CRM (Customer Relationship Management) tool used by fiskaly to manage and optimize sales processes. It facilitates communication with customers and allows for the analysis of sales success.

Pipedrive, as a CRM system, collects personal data to provide effective sales and customer management functions. Common types of personal data that may be collected include:

The storage period for this data is two years. As a general rule, personal data is retained for as long as necessary for the purposes for which it was collected or until the user requests deletion of their data.

You can access Pipedrive's privacy policy at the following link: Pipedrive Privacy Policy.

Please note that as part of this service, your personal data will be transferred to the USA, and such data transfer cannot be ruled out with certainty. The European Commission currently has an adequacy decision regarding the USA. According to the case law of the European Court of Justice, an adequate level of data protection cannot currently be guaranteed when data is transferred to the USA. In particular, there is a risk that US-based authorities will access your data, and you will have no legal remedy or remedy against this access. It cannot be ruled out that your data subject rights cannot be exercised or cannot be exercised to the same extent as within the European Union.

3.2.23. Stape

Stape is a tool used to implement server-side tagging on websites to optimize data processing and tracking code management. It allows companies to collect tracking information without working directly in the user's browser, which improves website performance and increases data security by processing sensitive data on the server side.

Stape could process the following categories of personal data:

3.2.24. Greenhouse

Our website uses the Greenhouse applicant management system to manage the recruitment process efficiently and effectively. Greenhouse helps us to publish job advertisements, record applications, track the status of applications, and coordinate communication between applicants and our recruitment team. As part of these activities, the following categories of personal data of applicants are processed:

Stape could process the following categories of personal data:

We use Greenhouse to ensure that the recruitment process is transparent, fair, and compliant with applicable data protection regulations. All personal data is handled in accordance with our privacy policy and legal requirements.

**Please note that as part of this service your personal data will be transferred to the USA and such a data transfer cannot be ruled out with certainty. The European Commission currently has an adequacy decision regarding the USA. According to the case law of the European Court of Justice, an adequate level of data protection cannot currently be guaranteed when data is transferred to the USA. In particular, there is a risk that US-based authorities will access your data and you will have no legal remedy or remedy against this access. It cannot be ruled out that your data subject rights cannot be exercised or cannot be exercised to the same extent as within the European Union.**

1. Storage duration

In principle, your data will only be stored for as long as is necessary to fulfill the respective purpose (item 2.1) for which the data was collected. Insofar as we are obliged to store your data further due to legal storage obligations, for example according to the provisions of the General Civil Code (ABGB), the Business Code (UGB), or the Federal Fiscal Code (BAO), your data can also be stored for the period specified by the storage obligations. The data can also be stored for as long as this is necessary to assert, exercise or defend legal claims.

2. Data subject rights

As a data subject, you have the following rights under the GDPR:

5.1. Right to information (Article 15 GDPR)

You have the right to request information about the data stored about you.

5.2. Right to rectification (Art 16 GDPR)

You have the right to request the person responsible to correct and/or complete the incorrect and/or incomplete data concerning you without undue delay.

5.3. Right to erasure (Article 17 GDPR)

You have the right to demand that the person responsible delete the personal data concerning you immediately.

5.4. Right to restriction of processing (Article 18 GDPR)

You have the right to request the person responsible to restrict the processing of your personal data.

5.5. Right to data portability (Article 20 GDPR)

You have the right to receive the personal data concerning you that you have provided to a person responsible in a structured, common, and machine-readable format and to transmit this data to another person responsible without hindrance by the person responsible to whom the personal data was provided.

5.6. Right of withdrawal (Article 7 (3) GDPR)

You have the right to withdraw your consent to the processing of personal data at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the revocation. The revocation is only effective for the processing of personal data, which is based on your consent.

5.7. Right of objection (Article 21 GDPR)

In particular, you have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data relating to you, which is based on a legitimate interest. Unless our legitimate interests prevail or the processing serves to assert, exercise or defend legal claims, we will no longer process your personal data.

6. PROVISION OF DATA

The provision of personal data is required for the purposes stated in each case. If the data is not provided or not provided to the required extent, the respective services cannot be used.

6.1. AUTOMATED DECISION MAKING / PROFILING

Fiskaly does not use automated decision-making or profiling.

6.2. Right of appeal to the supervisory authority

You have the option of contacting the responsible data protection supervisory authority with a complaint. In Austria, this is the data protection authority (DSB).

Austrian data protection authority

Barichgasse 40-42
1030 Vienna
Austria
E-mail: dsb@dsb.gv.at
Phone: +43 1 52 152 0

1. Final Provisions

We reserve the right to adapt this data protection declaration if necessary, in particular to comply with new legal and/or technical requirements or changes. We will endeavor to inform you promptly of such relevant changes. In any case, you will find the current version of the data protection declaration on our homepage (https://www.fiskaly.com/privacy-policy).